Capitol Records, LLC v. Redigi Inc.
Filing
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DECLARATION of RAY BECKERMAN in Opposition. Document filed by Redigi Inc.. (Attachments: # 1 Exhibit A - iTunes Terms & Conditions, # 2 Exhibit B - Capitol Records Admissions at Oral Argument of MGM v Grokster March 29, 2005, excerpt, # 3 Exhibit C - Nielsen Billboard Report for 2011, January 5, 2012, excerpt, # 4 Exhibit D - Steve Jobs: The Rolling Stone Interview, Rolling Stone Magazine December 3, 2003, excerpt)(Beckerman, Ray)
Exhibit B
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IN THE SUPREME COURT OF THE UNITED STATES
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METRO-GOLDWYN-MAYER STUDIOS, INC.,
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ET AL.,
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Petitioners,
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v.
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GROKSTER, LTD, ET AL.
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No. 04-480
Washington, D.C.
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Tuesday, March 29, 2005
The above-entitled matter came on for oral
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argument before the Supreme Court of the United States at
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10:13 a.m.
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APPEARANCES:
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DONALD B. VERRILLI, JR., ESQ., Washington, D.C.; on behalf
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of the Petitioners.
PAUL D. CLEMENT, ESQ., Acting Solicitor General,
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Department of Justice, Washington, D.C.; for United
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States, as amicus curiae, supporting the Petitioners.
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RICHARD G. TARANTO, ESQ., Washington, D.C.; on behalf of
the Respondents.
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C O N T E N T S
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ORAL ARGUMENT OF
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DONALD B. VERRILLI, JR., ESQ.
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PAGE
On behalf of the Petitioners
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ORAL ARGUMENT OF
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PAUL D. CLEMENT, ESQ.
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On behalf of United States,
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as amicus curiae, supporting Petitioners
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ORAL ARGUMENT OF
RICHARD G. TARANTO, ESQ.
On behalf of the Respondents.
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REBUTTAL ARGUMENT OF
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DONALD B. VERRILLI, JR., ESQ.
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On behalf of the Petitioners
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Are you sure that you could recommend to the iPod inventor
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that he could go ahead and have an iPod, or, for that
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matter, Gutenberg, the press?
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problem.
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MR. VERRILLI:
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JUSTICE BREYER:
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MR. VERRILLI:
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I mean, you see the
Yes, I think my answer to -What's the answer?
-- those questions are: yes, yes,
yes, and yes.
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[Laughter.]
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JUSTICE BREYER:
Because in each case -- for all
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I know, the monks had a fit when Gutenberg made his press
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--
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[Laughter.]
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JUSTICE BREYER:
-- but the problem, of course,
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is that it could well be, in each of those instances, that
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there will be vast numbers of infringing uses that are
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foreseeable.
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MR. VERRILLI:
I disagree with that, Your Honor.
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Certainly not -- I don't think there's any empirical
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evidence to suggest, with respect to any of the things
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that Your Honor just identified -- and let me pick out the
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iPod as one, because it's the most current example, I
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guess.
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obvious that there were very significant lawful commercial
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uses for it.
From the moment that device was introduced, it was
And let me clarify something I think is
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unclear from the amicus briefs.
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clients, have said, for some time now, and it's been on
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their Website for some time now, that it's perfectly
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lawful to take a CD that you've purchased, upload it onto
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your computer, put it onto your iPod.
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very significant lawful commercial use for that device,
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going forward.
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The record companies, my
There is a very,
And, remember, I -- what our test -- our test is
not "substantial."
Our test is that it's a -- it's a --
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when it's a vast-majority use, like here, it's a clear
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case of contribution --
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JUSTICE SCALIA:
How do you -- how do you know,
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going in, Mr. Verrilli?
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business.
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lawful use to the level where it will outweigh the
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unlawful use?
I mean, I'm about to start the
How much time do you give me to bring up the
I have to know, going in.
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MR. VERRILLI:
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JUSTICE SCALIA:
Well, I -And it's one thing to sit back
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and, you know, calculate with this ongoing business, it's
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90 percent/10 percent.
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you know --
But I'm a new inventor, and I'm --
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MR. VERRILLI:
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JUSTICE SCALIA:
I think the weight --- I'm going to get sued right
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away.
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have a chance to build up a business.
I know I'm going to get sued right away, before I
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Alderson Reporting Company
1-800-FOR-DEPO
Washington, DC 20005
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